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Questions Answered by Bruce Martin Broyles
3 Answers | Asked in Civil Litigation, Mergers & Acquisitions and Real Estate Law for Ohio on
Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?

I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.

Bruce Martin Broyles
Bruce Martin Broyles answered on May 29, 2020

You can file a complaint in the Common Pleas Court to partition the real property

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can you still get evicted ? No matter what the situation is. During the virus out break? In wooster ohio
Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 27, 2020

Yes.

The Governor requested that there be a moratorium on such filings. In other words, the Governor asked Landlords not to file evictions. The Ohio Supreme Court also tolled all filing deadlines during the emergency lock down. However, neither of these two actions prohibit evictions...
Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: I live in ohio. I just signed a contract to purchase a home and want out due to failure to fully disclose information.

There is damage to the foundation, a limited disclosure was presented at the showing with realtors paperwork. However before signing the contract I was not able to view the engineers report which most certainly would have changed my mind. There was also no disclosure about simular damage in a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

You should contact your realtor and inform that you want to terminate the contract. only issue should be return of earnest money.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: HOW WOULD I FILE A MEMORANDUM TO THE OHIO SUPREME COURT CONCERNING MY APPEAL FROM THE 8TH DISTRICT COURT OF APPEALS?
Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 19, 2020

The Ohio Supreme Court's website provides an example of the memorandum in support of jurisdiction. The Ohio Supreme Court reviews numerous cases and accepts jurisdiction over a very few. Your memorandum needs to explain to the Court why your appeal is of great importance to the general... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I do a Short Sale without being behind on my mortgage? I am running up debt trying to reach my monthly obligations.

I am using high interest credit cards to keep going. I have run out of funds.

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 27, 2020

Contact your lender. You will have to complete a loss mitigation application; provide the requested financial documents and list your house for sale with a real estate agent for 90 days.

The frustrating part is that the bank does not have to approve any short sale. The bank will reject...
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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?

Buyer thinks that her monthly payments only go towards the principle balance. She stated that she should have credit towards all the payments she's made. All the payments she made go to the mortgage.The lawyers have seen the paperwork and the mortgage payments and that's whats on the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 14, 2020

Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Can a friend sue you for labor costs for agreeing to install lighting in your home with no written contract?
Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

Your friend seems to be treating the installation of lighting as an arm's length contract for services. It was your understanding that he was simply helping you as a friend, or providing you with his services gratuitously. If there was no discussion of the terms, then there was no meeting of... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?

A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restarts every month and therefore we need to go before the board every month to get this "new" lease approved. Is he a$$ backwards like he seems?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 22, 2020

My understanding of a month to month lease is that it automatically renews as between the Landlord and the tenant. It does not cancel and restart. It sounds as though the Condo Association is simply trying to make it difficult for you to rent the condo.

However, I agree with Attorney...
Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can condo board remove money from capital account and use it to pay self for unnecessary contract work?

Over 8,000 pdf to condo vice president for doing contract work for several major projects not discussed with condo owners ast.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 19, 2020

The condo association operates the same as any other corporation. There should be bylaws and minutes setting forth what can be done and how it is to be done. There may also be an issue with self dealing

2 Answers | Asked in Contracts for Ohio on
Q: I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,

Nothing in writing on the 2-4 weeks out. Can I legally cancel our contract and ask for my money back. He hasnt been returning my calls and has also given me several start dates the didn't happen. Or does this contract go on forever?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 17, 2020

If the contract did not provide for a start or completion date, then you may have to determine whether the delay has been reasonable. Were there delays caused by weather? The period of time involved is approaching unreasonable. In addition, depending upon the circumstances, the roofer may have... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Is selling a house in OH without a legal right of access legal in OH? Wouldn't that be a breach of warranty claim?

I cannot find what claim, if any, I might have for being sold a property via General Warranty Deed, that ended up not having a legal right of access. What, if any warranties would this be a breach of? The Deed did not expressly provide that the property would be conveyed without access.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of... Read more »

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: When is a fence contrator responsible for underground damages?

Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

The exculpatory clause in the contract must clearly and expressly relieve the fence company from damages for its own negligence. Most likely the clause is not enforceable. In addition, the act of placing the post and pouring concrete may go beyond negligence; may be gross negligence, willful,... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My father and 2 brothers owned a building where they worked together their whole lives. Two died and other sold to keep

all proceeds of the sale, leaving the children of the other 2 families "out in the cold."

The building sold for almost $215,000. I believe all 3 brothers had a verbal (not a written) agreement to

equally divide the funds once the building was sold. I consulted with a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 17, 2019

If your father and his brothers worked together in the building, then I must assume that they operated a business. If they operated a business, then they most likely had a partnership. You do not need to have a written agreement to create a partnership.

If you are able to locate any of...
Read more »

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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

3 Answers | Asked in Real Estate Law for Ohio on
Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 9, 2019

Rights of first refusal are enforceable in Ohio. The important portion of the right of first refusal from your perspective is whether the price is somehow fixed in the agreement. Otherwise, you would simply find an interested purchaser and enter into a contract contingent upon the HOA not... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: land is divide by six siblings one recently passed away and step godson refuse entry into the home
Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 15, 2019

The siblings are co-tenants and each co-tenant has a right to possess the entire property but may not exclude any of the other co-tenants. If one or more co-tenants are using property to the exclusion of others charges for the maintenance and waste can be brought. All are responsible for the... Read more »

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2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: Mothers lease is up end of January, and has been in a nursing home due to not being able to live by herself.

Need to break lease asap. Would this be considered a legal reason?

Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 8, 2019

While not a legal reason, the landlord may allow your mother to terminate the lease early. In addition, especially if the Landlord does not have a high number of rental units, you should remind your landlord that he has an obligation to mitigate his damages by finding another tenant to take over... Read more »

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